Supreme Court

Decision Information

McLennan v Parent

Court Supreme Court
Date 1995-09-07
File numbers CV 03576
Judge(s) Vertes
Location Yellowknife
Cases and statutes considered Cases considered:
Barclay-Johnson v. Yuill [1980] 3 All E.R. 190
Frank v. Commissioner of the Northwest Territories, [1985] N.W.T.R. 149
Mortimer v. Inuvialuit regional Corporation [1987] N.W.T.R. 228
Crothers v. Simpson Sears Ltd., [1988] 4 W.W.R. 673
Morguard Investments Ltd. v. De Savoye, [1990] 3 S.C.R. 1077
Lowe v. Inuvik, [1984] N.W.T.R. 278
Decision information:

Abstract: Application fo an injunction directing that certain rental income be held in trust pending trial and cross application by the Defendant requiring the plaintiff to post security for costs. Matter first argued in 1992. No change in circumstances or evidence that the Plaintiff could not be compensated in damaged. Court considered that Quebec was a reciprocating jurisdiction and that application for security not brought in a timely fashion.
Decision: Both applications dismissed. Each party to bear there own costs. Monies in trust to be released back to the Defendant.
Subjects: Family law
Keywords: Matrimonial property - rental income
Security for costs

Decision Content

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